A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 10, 2010, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Busan District Court, and on July 16, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution by the same court.

On December 1, 2018, at around 17:35, the Defendant driven a D class III truck under the influence of alcohol content of about 0.263% 0.263% through a section of about 5km from the nearest road of the Gangseo-gu Busan Metropolitan City to the near road of the same Gu, along with the class 1 signal lights, etc. in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Each photograph;

1. Previous convictions indicated in judgment: Application of the provisions of Acts and subordinate statutes concerning criminal records and investigation reports (a written judgment and attachment of summary order);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act reaches four times the criminal records of punishment for drunk driving, etc. In particular, the defendant was sentenced to six months of imprisonment and two years of suspended execution for a violation of the Road Traffic Act at the Busan District Court on November 2, 2012, and the Busan District Court on July 16, 2015, and again commits the crime of this case in Busan District Court on July 16, 2015, with six months of imprisonment and six months of suspended execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), and two years of suspended execution for a violation of the Road Traffic Act.

In this case, the defendant's blood alcohol concentration level is 0.263% high.

Considering such circumstances as the contents and frequency of criminal records of the same kind of crime, interval between the recent criminal acts, and the degree of drinking, the circumstances leading up to the criminal acts in this case, the circumstances leading up to the criminal acts in this case, the criminal records, the age, character and conduct, environment, family relationship, and other social relationship.